Trademarks Law in Micronesia
Trademark Law in the Federated States of Micronesia
1. Legal Framework
Trademark protection in the Federated States of Micronesia (FSM) is governed by:
FSM Trademark Act, enacted as part of the Intellectual Property provisions in the FSM Code (Title 42 - Intellectual Property).
Administered by the FSM Department of Justice.
FSM is not a member of the Madrid Protocol or the Paris Convention.
FSM recognizes trademark rights under its national legislation.
2. What Can Be Registered as a Trademark?
A trademark can consist of:
Words, letters, numerals
Logos, symbols, designs
Shapes, colors, and combinations thereof
Any sign capable of distinguishing the goods or services of one enterprise from those of others
3. Trademark Registration Process
Filing Authority: Department of Justice, FSM
Steps:
Application Submission with:
Clear representation of the trademark
List of goods/services to be covered
Formal Examination for compliance with filing requirements.
Substantive Examination for distinctiveness and conflicts.
Publication for opposition.
Opposition Period: Usually 30 days for third parties to oppose.
Registration if no opposition or after opposition is resolved.
4. Duration and Renewal
Trademark protection lasts for 10 years from the filing date.
Renewable indefinitely for additional 10-year periods.
Renewal application must be submitted before expiration or within a grace period (subject to fees).
5. Rights Conferred
Exclusive right to use the trademark on registered goods/services within FSM.
Right to prevent unauthorized use of identical or confusingly similar marks.
Ability to license or assign the trademark.
6. Infringement and Enforcement
Trademark infringement includes unauthorized use of identical or confusingly similar marks.
Remedies may include injunctions, damages, and seizure of infringing goods.
Enforcement is primarily through the FSM court system.
7. International Protection
FSM is not a member of the Madrid Protocol or Paris Convention, so international trademark protection requires filing directly in FSM.
Foreign applicants must usually work through local agents or representatives.
Summary
| Feature | Details |
|---|---|
| Governing Law | FSM Trademark Act (Title 42, FSM Code) |
| Registration Authority | FSM Department of Justice |
| Protection Duration | 10 years, renewable indefinitely |
| Opposition Period | ~30 days after publication |
| Madrid Protocol Member | ❌ No |
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